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was read his miranda rights. the special agent who filed the complaint would that according to surveillance footage. younger suspect lifted the phone to his ear shortly about before the second blast. after he finishes you see people around him react to the first explosion. bomber two virtually alone in front of the individuals in front of the restaurant while he appears calm. he walks away without his knapsack, having left it on the ground where he had been standing. approximately ten seconds later an explosion occurs in that location where bomber two had placed his knapsack. and another major development, the white house said it would not designate the suspect an enemy combatant. we will have more on the legal aspect of this coming up later this hour. as of this hour dzhokhar is in serious condition. he is unable to speak because of a gunshot to the throat which we believe was self-inflicted. he's communicating by writing and nodding his head. as authorities move forward in a of in their investigation, tritening information about the radical past of the brothers is in fact emerging. both t
before they read miranda rights. this would have falln in the category you can't use this in court but this is what we needed to know if it was more substantive or is that unclear? >> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member of the joint terrorism task force and jeffrey toobin our legal analyst. jake is saying -- this is significant in terms of the information in this. but obviously a crucial question out there which is was it obtained before or after those miranda rights were read? >> the irony here is what he is saying is not particularly helpful to him. what would be helpful to him is if he had a conspiracy he could make the government to make
. >> let's talk about the issue a lot of people have been talking about. not everybody, but some. miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's extremely rare. i do criminal defense work. i can tell you, the most you can hope for in a miranda case is one or two statements will not make it into court. it's rare the whole case falls out unless everything -- >> so it's not the poison fruit thing? >> there is a poison fruit provision, standard. but it's very rare for it to pollute an entire case. >> let me ask you practically, why don't the law enforcement officials, the federal officials up there who have him in custody at the hospital, why didn't they just
today at his hospital bedside and read his miranda rights, that was an important moment in this test. because while there is more to this test than this moment, we did learn in this moment they are going to try this guy according to our laws and values, as a sloppy criminal he is alleged to be. joining me at the table the ferelli. it's great to have you both here. so i refer to unnamed troll, republican senators who were calling for enemy combatant to be applied to this 19-year-old suspect. i want to play a little bit of sound from senator lindsey graham who was probably the most outspoken about this. take a listen. >> i believe our nation is at war. the enemy is radical islam, defined as the taliban, al qaeda, and affiliated groups. the question i have regarding this case is there any association between these two individuals and the groups i just named to allow enemy combatant status to be conferred upon the suspect in boston. >> don, you and i were talking about this a lot last week as the investigation was unfolding. >> right. >> what is your reaction to that? >> i -- it seems to
supremacy which is bigotry. the miranda issue. you have got the fbi. dropping the ball. there is one thread that runs through all of this. that's the subshush yans to political correctness. it's a paralysis by a terrorism of thought. it's a tyranny against common sense. and it goes back to what i call islamophobia phobia. when you are told if you see something, say something, islamophobia is the opposite. if you see something, say nothing. because you might lose your job. that's what informs what's been going on with the fbi and lures in people. they are scared to say anything. let me finish. i think this could really help the progressive left if they stop thinking of these guys as terrorists and started thinking of them as something far worse. bigots. they are muslim supremacists. if you think the kkk is evil. amanda palmer, the singer, if you think that is evil. the muslim supremacists are evil. maybe you should write a song about the kkk. one last point. we hear about these things about the old brother being the ringleader, mom thinking he was framed. he is only 19. i don't care. could y
gathering purposes since he's been president. when we read these people their miranda rights and give them a lawyer the only way you can gather intelligence is if the terror suspect and the lawyer will allow you to do so. intelligence gathering through plea bargaining is not going to make us safe. jenna: so we spoke to a former member of the fbi on our show yesterday that seems to not have a problem with miranda rights, that is their opinion. we'll see what they get as far as information from this one suspect. >> can i mention something. jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to
washington, the decision to read the boston bombing suspect his miranda rights. last hour, lindsay graham and kel i iote said is there is no way a defense lawyer is going to let dzhokar tsarnaev talk any more without taking the death penalty off the table. he has been in custody for 60 hours which the feds decided to read him his miranda rates. joining us is mercedes cowlin and you had such different reactions to this. right is ticked off that his miranda rights were yesterday red to him. he can't speak we're told like a one word, yes or one word no, the left is ticked off it took him as long as it did to read the miranda rights. >> first of all, i to give kudos for calling it an act of terrorism to the obama administration like they called hassan workplace violence. bottom line, if they don't want to use the statements a this guy makes in a criminal prosecution, they can ask him questions all day long without murnd. they can do it after he gets a lawyer as long as a clean team, a team that is is not involved in the criminal prosecution goes in and asks intelligence related questions that
and lucid enough to get his miranda rights read to him, also thoughts he shot himself through the neck, that's been really brought into question now, as an eyewitness there to help take him down, looks like a cut or maybe something exploded, a shrapnel cut, those that the boston marathon, those that suffered during the explosion. he said i'm motivated by religion, that religion being islamic extremism or islam. he went on to say i have no outside ties. i'm not part of a larger group. isn't that convenient. >>steve: both brothers went to a mosque in cambridge. it was the older brother. clearly the younger brother was following the older brother in life in so many different ways. we told you a little bit yesterday about some of the outbursts the older brother had at the mosque in cambridge. for instance, back in november where they were talking about it was okay for muslims to celebrate american holidays like thanksgiving and the 4th of july and tamerlan, the older brother, stood up and argued. then in january there was a praise for martin luther king jr. and he got up and called someone a hyp
despite yesterday's reading of his miranda rights the federal government still holds swooifr the younger tsarnaev. negotiate ago plea deal under which he would cooperate with authorities in exchange for sparing his life remains an option. >>> the wife of the dead boston bombing suspect found out her husband and brother in law were the accused bomber the same way all americans did on tv. her lawyer claims she suspected nothing this as they ask another question was tamerlan tsarnaev involved in a 2009 triple murder. molly, we also hear that there is good news today about the victim. >> good morning, heather. two in critical condition. doctors are telling us everyone now in the hospital are expect to do survive. there were 14 patients that lost lefshs. boston medical center say many are up and walking and they are preparing for a massive exodus as they call it to rehab. many recoveries underway. investigators are looking to speak with suspect number one's wife tamerlan tsarnaev was married to katherine russell tsarnaev. they met in college in 2010 and sometime around that time converted to
asked if he understood what was happening. his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information that they considered valuable and helpful? >> reporter: we learned a cowl of things. 1; yes, there were questions asked of him. the first few hours if not more than that, they were worried about making sure should thguy survives. he got here on friday night in pretty bad condition. he bled from injuries nearly 20 hours. he was obviously in rough condition. so the number-1 priority was to make sure he survived to get information from him. questions were asked of him before he was mirandized. they haven't said of course, they are not going to give away what he sa
. and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he was taken into custody? and it he give them information that they considered valuable and helpful? >> we learned a couple of things. yes, there were questions asked of him. the first few hours, if not more than that, obvious think they were making sure he survived so you had that situation. he got here friday night in pretty bad condition. he bled for nearly 24 hours and then the fire fight at the boat. the number one priority for them was to make sure he survived so they could get information from him. questions were asked of him before he was mirandized. they haven't said, of course, because it's part
dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
, let me come over to you, a lot of talk about miranda. but give me a sense of what the leeway is especially in situations like this, after acts like what happened here at the marathon. >> well, it is yesterday's news. he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me d
was provided before or after that judge/magistrate was there and r read him his miranda rights? the right to remain silent and the right to have an attorney? >> sources have indicated to us that was part of a questioning that they did under the -- fbi agent does under a national security exemption, before he was assigned counsel. they had the ability in the interest of public safety exception to be able to ask questions, were there additional coconspirators, where and were there additional explosives. the source of things you want to know immediately in order to protect the public. presumably base wanted on what we are hearing, those are the questions they asked and the kinds of responses prior to the first appearance yesterday. >> that would fit in with the public safety exception in the there a in providing the miranda rights to this criminal defendant as he now is, charges have been read to him. fran, we'll stay in close touch with you, fran townsend. much more from boston in just a moment. other news that we're watching as well. the fbi, back in washington, up on capitol hill, lawmake
to see his miranda rights read to him in bed. it's laughable. >> the enemy is radical islam. >> i'd waterboard him, myself. >>> you are about to look live at a press conference in boston. where governor deval patrick and mayor thomas menino are about to speak about the formation and purpose of the one fund boston campaign. designed to assist those who are affected by last week's bomb attacks. this takes place as dzhokhar tsarnaev lies in a hospital bed facing charges. his condition now reported as fair. more than a week after the bombing, 45 of the scores of wounded remain hospitalized, and at least 13 have lost limbs. for the victims, the physical and emotional toll comes with a very real financial one as well. massive bills for trauma care, prosthetic limbs and even home modifications. not to mention, lengthy physical rehab and psychological counseling. as such, one fund boston is stepping in to help. already raising over $10 million for victims and their families. and while the injured struggle with recovery, the families of those killed in the bombing are facing their own stag
group. a federal magistrate the 19- year-old was advised of his miranda rights. there was more information in thele criminal complaint. ken wayne has been looking over it for us. >> reporter: this ten page criminal complaint lays out the fbi's case against tsarnaev. conspiring of using a weapon of mass destruction, a charge that if convicted could lead to the death penalty. dzhokhar tsarnaev is in serious conditions with gunshot wounds to the head, neck, leg, and hand. he has communicated to investigators by nodding and writing. at his bed side, a court representative says i will ask the doctor whether the patient is alert. the doctor asks, how you are feeling? tsarnaev nods. authorities are convinced the two brothers acted alone. >> i told boston they can rest easily. >> reporter: the affidavit describes the brothers walking through the marathon crowd with knapsacks and then separating. at one point, dzhokhar can be seen slipping his knapsack to the ground. he used his cell phone, then walked away. seconds later, an explosion. and information about a trip to russia last year.
bomber was mirandized within 45 minutes. i don't care if you read people miranda rights. i just don't want you to shut down the intelligence-gathering process. that individual was never designated an enassembly combatant. only way he agreed to cooperate is f.b.i. flew to his family i and his parents convinced him. times square bomber, the times square bombing incident, he had pakistan/taliban ties. read miranda rights, never designated enemy combatant. we never terroristed him for intelligence gathering purposes. osama bin laden's soim, abu gazey is in the federal system today and read miranda rights. never designated enemy combatant. can you imagine what osama bin laden's son-in-law could tell us about the terrorist organizations? he was the spokesman for al qaeda after 9/11. so there's a disturbing pattern here, quite frankly, of not gathering intelligence when that opportunity exists. thank you very much. i have to go. i will get a pen and pad and go next door to answer any questions if you have about the f.b.i. and, again, we're going to absorb a moment of silence here for the f
was given his miranda rights? >> we don't know as of yet. he has been read his miranda rights. but we don't know if this information came before or after. as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also learning more this morning about -- we're learning more this morning about criminal complaints against tsarnaev detailing step by step how the deadly attack on the boston marathon unfolded. our coverage continues this morning with miguel marquez outside best israel deaconess medical center right here in boston. good morning, miguel. >> good morning, john. this is the criminal complaint that contains what we expect are the first charges. we'll see many more against mr. tsarnaev.
? >> they do not need it a confession. there's a big to do about the miranda rights and violations. the only problem with the miranda rights is that you would not be able to use a confession. investigators and prosecutors are trying to find out if there other people involved. i don't think iran that is an issue in this case. >> their lot of people that are upset that what him tried as a military combatant but he as an american. >> the good news is the constitution still applies, even for people that we hate and are terrorists. this system has worked pretty well so far so i would not worry about that. >> wise as a federal case and not a state case? >> that are actually both. there are dual you may have a situation where the state prosecute them and there is a federal prosecution. this means this case will go on for years and years. the big difference is under federal law there is the death penalty. for those that want that, the only way to get that is a federal prosecution. >> what are they saying as far as our government's abilityguys just acted on their all. it is more embarrassing that the
they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly when you're concerned about public safety issues as the investigators certainly were as a result of the horrific acts that the bombing suspects, the bombing defendants who are h are accused of. bill: this is a guy to lived here more than ten years. came here 2002 if memory serves. your case with richard reid he was far from an american citizen, he was far from even making a home here. what have we done in 12 years? make sure that the prosecutions can be successful? >> i would suggest that we should be using all the tools that both the united states supreme court has indicated are available in order to keep america safe, and all
but say they were not in contact with overseas terror groups. he was read his miranda rights during an initial court appearance from the hospital that gives the suspect access to a lawyer. and means he will not be tried as an enemy combatant. described as a possible gun shot wound to the hand, the 19-year-old has been described as cooperative during questioning, forced to write his answers or nod yes or no. he told investigators that he and his brother came up with the attacks on their own finding internet resources to learn how to make bombs. he's been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's dorm room turned up a black jacket and white hat, similar to the surveillance photos. investigators also want to question tsarnaev's wife. she later converted to islam, dropped out of college and had a child with him. her attorney has said she had no suspicions that her husband might be plotting an attack. meanwhile, hundreds of people stood in silence at 2:50 p.m. one week after the bombings. president obama marked the moment o
Search Results 0 to 24 of about 25 (some duplicates have been removed)

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